The Dilemma · 30 October 2026

"My colleague earns $18,000 more than me. I'm not supposed to know."

A lawyer learns from a misdirected payroll spreadsheet that a colleague at the same level, in the same team and with the same billables, earns $18,000 more. Louise Miller explains what to do with the spreadsheet, the lawful way to find out more, the reasons pay can differ when everything looks equal, when a gap may be discrimination, and how to ask for a raise without the spreadsheet.

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Portrait of Louise Miller, Managing Partner at Veritas Family Law
Guest contributorLouise MillerManaging Partner, Veritas Family Law

The question

A payroll spreadsheet got sent to the wrong person, who forwarded it to me (I know, I know). The guy who started the same week as me, same year level, same team, same billables, earns $18,000 more than I do. I haven't said anything because technically I'm not supposed to know. But I can't unsee it and I'm furious. What do I do with this.

Underpaid and Seething

A perspective from Louise Miller

Managing Partner, Veritas Family Law

Dear Underpaid and Seething,

I'd be upset too. It's not an inconsiderable difference. But take a minute to think through an alternative scenario. Would you still be upset if you found out your colleague earned $10,000 more than you, or even $5,000 more? I venture the answer is that you would. Remuneration isn't just about money. It's about our sense of value and the value others place on us. Your discovery has made you furious because you feel undervalued relative to your colleague.

If you do nothing else, be very careful with the information. Delete the spreadsheet, don't forward it, and don't rely on it in any conversation. Although it's hard not to get consumed by your own perspective, remember that you have obtained confidential information about someone else, who may be as unhappy about the situation as you are. Consider, too, the unintended consequences for the person who sent it to you. Sending payroll data to the wrong person is a serious blunder and may well lead to a performance review.

You also only have partial information, and there may be a relevant difference you don't know about. There may also be others who are paid less than you who believe they are worth the same, if not more. You have one piece of information, but there are many more pieces that are equally relevant.

There is a legitimate way to find out more. Since December 2022, employees have had a workplace right under the Fair Work Act to disclose their own pay and to ask colleagues about theirs, and pay secrecy clauses are no longer enforceable. You can ask your colleague directly. They don't have to tell you, but if they choose to, you'll have the information properly, without relying on something you shouldn't have seen.

There are numerous reasons that can lead to a pay disparity between employees where all things appear equal. The higher-paid employee may:

  • -have undertaken additional training outside work, developed specialist skills, or built networks that bring in new clients

-supervise or train junior staff, take on more complex work or manage important client relationships

-have taken the opportunity to argue for a higher-than-usual increase at their performance review in particularly good years for the firm and their billings.

But if, after an honest look, there is no legitimate reason for the difference, and you think it may come down to sex or another protected attribute, that is a different conversation. Pay discrimination is unlawful, and in that situation you should get advice on your position before you raise it with the firm.

Before you raise it, take an honest look at what each of you brings to the team. Assess your preparation for past performance reviews. Did you raise examples to support a claim for a higher increase? Have you requested a particular dollar or percentage increase, or simply accepted the increase you were given?

Once you have this information, ask for a meeting specifically about remuneration. Don't leave it as a passing comment at the end of another conversation. You can begin that conversation without producing the spreadsheet or mentioning others. Your manager won't be able to discuss another employee's remuneration anyway, so a conversation along those lines would be fruitless and could steer things in a direction you didn't intend.

A common mistake is referencing comparable advertised roles offering higher remuneration and implying an intention to leave if your request is denied. This strategy can work for those the business can't afford to lose and who are in a particularly strong bargaining position. Critically assess your bargaining strength. Your lower pay may also be an indication that the firm does not see you as irreplaceable.

If they won't agree to an adjustment, ask for specific reasons and a specific review date. "We'll look at it later" is too easy to leave hanging. Follow up afterwards with a brief email recording what was discussed.

If you are still unhappy with the outcome, it might be time to actively pursue those roles you've seen advertised. If you apply, the time to negotiate a higher starting salary is when you are offered the role. Don't let the opportunity pass you by.

Louise


If you need advice about your own situation, including your employment rights, speak to a qualified practitioner.

The Dilemma provides general information only and is not legal advice. It does not take into account your particular circumstances. Questions are edited for clarity and to protect anonymity.

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